HomeMy WebLinkAboutR-19-0442City of Miami
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Resolution: R-19-0442
File Number: 6649 Final Action Date: 11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE ASSIGNMENT AND ASSUMPTION OF REQUEST FOR
QUALIFICATIONS ("RFQ") CONTRACT NO. 16-17-027 FOR THE PROVISION
OF MISCELLANEOUS SURVEYING AND MAPPING SERVICES FROM KEITH
AND SCHNARS, P.A., A FLORIDA PROFIT CORPORATION ("KS"), TO KCI
TECHNOLOGIES, INC., A FOREIGN PROFIT CORPORATION FROM
DELAWARE REGISTERED TO CONDUCT BUSINESS IN FLORIDA ("KCI");
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF
ASSIGNMENT AND ASSUMPTION OF THE CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND
PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI ("CITY')
PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL
INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY
CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ALL IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS,
AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; PROVIDED,
HOWEVER, THAT ANY BOND FUNDING SHALL REQUIRE FURTHER CITY
COMMISSION APPROVALS.
WHEREAS, pursuant to Section 18-87 of the Code of the City of Miami, Florida, as
amended ("City Code"), the City Manager approved the recommendation of award of a contract
pursuant to Request for Qualifications ("RFQ") No. 16-17-027 for the provision of Miscellaneous
Surveying and Mapping Services from various providers, including Keith and Schnars, P.A., a
Florida profit corporation ("KS"), for an initial term of two (2) years with the option to renew for
two (2) additional one (1) year periods; and
WHEREAS, on March 30, 2018, as a result of said recommendation of award of a
contract, a Professional Services Agreement ("Agreement") was executed between the City of
Miami ("City") and KS; and
WHEREAS, pursuant to Article 10.03 of the Agreement, titled "Successors and Assigns,"
said "Agreement shall not be transferred, pledged, sold, delegated, or assigned, in whole or in
part, by the Consultant without the written consent of the City, acting by and through, its City
Commission;" and
WHEREAS, on or about January 1, 2019, KS entered into a Confirmatory Bill of Sale
and Assignment of Assets for an assignment, transference, and conveyance to KCI
City of Miami Page 1 of 2 File ID: 6649 (Revision:) Printed On: 12/10/2019
File ID: 6649
Enactment Number: R-19-0442
Technologies, Inc., a foreign profit corporation from Delaware registered to conduct business in
Florida ("KCI"), inclusive of the Agreement and pending the City's written consent of the same;
and
WHEREAS, with said assignment, KCI will assume and accept any and all obligations of
said Agreement with the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The assignment and assumption of RFQ Contract No. 16-17-027 for the
provision of Miscellaneous Surveying and Mapping Services from KS to KCI is hereby accepted.
Section 3. The City Manager is authorized' to execute an Acceptance of Assignment
and Assumption of the Contract, in a form acceptable to the City Attorney, for the KS
assignment, transference, and conveyance of the Agreement with the City as assumed and
accepted by KCI.
Section 4. The City Manager is further authorized' to negotiate and execute any and all
other documents, including any amendments, renewals, and extensions, subject to all
allocations, appropriations, and prior budgetary approvals, in compliance with all applicable
provisions of the City Code, including, the City's Procurement Ordinance, Anti -Deficiency Act,
and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form
acceptable to the City Attorney, and in compliance with all applicable laws, rules, and
regulations, as may be deemed necessary for said purpose; provided, however, that any bond
funding shall require further City Commission approvals.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
i' ria i . nd� ez, (;iky Attortey __) 11/11/2019
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 6649 (Revision:) Printed on: 12/10/2019